White v. Gregg Agricultural Enterprises

Once again, the Workers’ Compensation Commission has improperly employed an Act 796 analysis to a claim that is governed by pre-Act law. Its decision awarding a 2% anatomical impairment in this case results from the same flawed “major cause” analysis that we reversed in Ellison v. Therma Tru, 66 Ark. App. 286, 989 S.W.2d 927 (1999). In addition, the Commission failed to follow the law pertaining to aggravation of preexisting conditions as stated in Bearden Lumber Co. v. Bond, 1 Ark. App. 65, 644 S.W.2d 321 (1983), and other cases arising under the law that existed in 1992. Furthermore, the…